HomeMy Public PortalAbout2021-64 Resolution Granting Variance Approval For Increased Maximum Setback For For 500 Hamel RoadMember DesLauriers introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO. 2021-64
RESOLUTION GRANTING VARIANCE APPROVAL FOR
INCREASED MAXIMUM SETBACK FOR 500 HAMEL ROAD
WHEREAS, the city of Medina (the "City") is a municipal corporation, organized and
existing under the laws of Minnesota; and
WHEREAS, the Patricia R. Raskob Trust (the "Owner") is the fee owner of property
located at 500 Hamel Road, which is legally described as Lot 1, Block 1, Raskobs Elm Creek
Addition, Hennepin County, Minnesota (the "Property"); and
WHEREAS, Stelter Enterprises, LLC (the "Developer") requested preliminary plat
approval to subdivide and develop the Property into seventeen lots for detached single-family
villas, tentatively proposed to be called Prairie Creek, and
WHEREAS, on September 21, 2021, the City Council adopted Resolution No. 2021-63
granting preliminary plat approval to the Developer for Prairie Creek, and
WHEREAS, the Uptown Hamel zoning district requires a maximum front setback of
10 feet from Hamel Road; and
WHEREAS, a drainage and utility easement approximately 30 feet in width is located
along the south of the Property which prevents the construction of buildings; and
WHEREAS, the Developer has requested approval of a variance to increase the maximum
front setback for homes on Lots 1-8, Block 1, Prairie Creek, Hennepin County, Minnesota from
10 feet to 30 feet; and
WHEREAS, the Planning Commission reviewed the requested variance on August 10,
2021, reviewed the information provided by the Developer and City staff, heard testimony from
interested parties, and recommended approval of the variance; and
WHEREAS, the City Council reviewed the proposed variance and the Planning
Commission recommendation and held a public hearing and heard additional testimony on
September 7, 2021; and
Resolution No. 2021-64
September 21, 2021
WHEREAS, subject to the fulfillment of the conditions noted below, the City Council
makes the following findings of fact in regard to the requested variance:
a. The Developer proposes to construct the homes as close as Hamel Road as permitted by
the existing easement, which is in harmony with the general purpose and intent of the
ordinance.
b. The variance is not inconsistent with the comprehensive plan.
c. The Developer has established that there are practical difficulties to comply with the
maximum front setback requirement because the existing easement prevents construction
as close to Hamel Road as required by the Uptown Hamel district.
d. The Developer proposes to use the property in a reasonable manner.
e. The requested variance is the minimum variance which would alleviate the practical
difficulty.
f. The variance does not confer upon the Developer any special privileges denied to the
owners of other lands, structures, or buildings in the district.
g.
Easements this wide are unique to the Property within the Uptown Hamel District.
h. The plight was not created by the landowner because the sanitary sewer line was installed
prior to the maximum front setback requirement applying to the Property.
i. The variance will not alter the essential character of the locality.
NOW, THEREFORE BE IT RESOLVED, that the City Council of Medina, Minnesota
hereby grants approval of a variance to increase the maximum front yard setback to Hamel
Road from 10 feet to 30 feet subject to the following terms and conditions:
1) Buildings shall be constructed as close to Hamel Road as practical.
2) The variance shall be valid for a period of five years. If a building permit is not issued and
work began prior to September 21, 2026, the variance shall be considered null, void, and of
no effect unless the City Council finds that the owners of neighboring properties will not be
adversely affected by the extension and grants an extension.
3) The Developer shall pay to the City a fee in an amount sufficient to reimburse the City for
the cost of reviewing the variance and other relevant documents.
Resolution No. 2021-64 2
September 21, 2021
Dated: September 21, 2021.
By: .----,...,,t4 ..c.--,.
Kathleen Martin, Mayor
Attest:
By:
C
14
Jodi . Gallup, City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member Reid and
upon vote being taken thereon, the following voted in favor thereof:
Albers, DesLauriers, Martin, Reid
And the following voted against same: (Recused: Cavanaugh)
None
Whereupon said resolution was declared duly passed and adopted.
Resolution No. 2021-64 3
September 21, 2021